Setting aside the logical predictability models – What is it that influences our decisionmaking? – Is it our historical and cultural background? Pictures and images in newspapers, at Websites, elsewhere? The people we communicate with? Or the music we hear? All of those? Something else?
How much is pure empirical evidence part of even our (legal) research decisions?
As no human being can be objective, most of what we know is conventional. But how do we know that the persons who reached the consensus were reliable, or that the consensus was based on sufficient expertise? Do we have to know that? To what extent should we deconstruct?
I am still reading the LTEU:
Article 2 LTEU
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
The „Values“, „Dignity“, „Freedom“, „Democracy“, „Equality“, „The rule of law“, „Respect for human rights“, „Common“, „Pluralism“, „Non-discrimination“, „Tolerance“, „Justice“, „Solidarity“ – Chalmers (op. cit., p. 12) takes these values seriously. Not as some general goal, but as something that must be recognized by the Union and not violated by it.
If one supports Karl Llewellyn’s assertion that all interpreting categories have opposite categories, one can build whatever argument is desirable for an end. In that context, what do the words above mean? We know that Llewellyn was accused of cynicism. Why? – Does such accusation mean that there is something that everyone could be certain /sure of? What is that something?
FOLLOW – Who invented the (fashion) word “Obamatron”? How did it appear? What does it exactly mean? How can one explain or measure the meaning of that word? Does the word have influence on somebody? What kind of influence may it have? Can this word appear in a legal text one day? How will it be interpreted then?